OAR 736-020-0120
Administrative Relief, Appeals, Judicial Review
(1)
Where an application for an improvement permit required under ORS 390.640 (Permit required for improvements on ocean shore), or a permit for a pipeline, cable or conduit crossing of the ocean shore required under ORS 390.715 (Permits for pipe, cable or conduit across ocean shore, state recreation areas and submerged lands), or a permit for removal of products from the ocean shore required under ORS 390.725 (Permits for removal of products along ocean shore), is denied, the applicant may request a hearing from the Director. Where a permit is issued under ORS 390.650 (Improvement permit procedure), any person aggrieved by the issuance of the permit or conditions imposed on the permit, may request a hearing from the Director. The application denial or permit approval shall be considered the Director’s original order.(2)
Requests for hearing described in section (1) of this rule shall be in writing and shall:(a)
Include a clear statement of the reason(s) for the request;(b)
If the request is being made by a person other than the applicant, include a clear statement of the person’s legally protected interest and how that interest is adversely affected by the issuance of the permit; and(c)
Be received by the Director within 30 days of service of the order denying or granting the permit. The date of service shall be the date of delivery of the order in person, or the date of mailing.(3)
A hearing held in response to a request under this rule shall be conducted as a contested case in accordance with the provisions of ORS 183.415 (Notice of right to hearing) to 183.430 (Hearing on refusal to renew license), 183.440 (Subpoenas in contested cases) to 183.460 (Examination of evidence by agency), and 183.470 (Orders in contested cases).(4)
Within 30 days of the receipt of a request for hearing, the Director shall schedule a hearing to be held at such time as is agreeable to the person making the request and such other persons as may be parties to the hearing. The applicant shall be a party to any contested case hearing requested by a person other than the applicant. The Director may enter a written agreement with the applicant and any parties to delay the hearing in order to resolve any matters in dispute through mediation or some other form of alternative dispute resolution.(5)
The Director shall enter a final order within 45 days after the contested case hearing. The final order shall affirm, modify or rescind the Director’s original order denying the application or approving the permit.(6)
Jurisdiction for judicial review of contested cases is conferred upon the Court of Appeals. A party may initiate an appeal of a final order in a contested case proceeding by filing a petition in the Court of Appeals within 60 days following the date of the order as provided by ORS 183.482 (Jurisdiction for review of contested cases).(7)
A decision applying the standards of OAR 736-020-0010 (General Standards) is not a “land use decision” as defined by ORS 197.015 (Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325)(10) that is subject to the jurisdiction of the Land Use Board of Appeals pursuant to ORS 197.825 (Jurisdiction of board).
Source:
Rule 736-020-0120 — Administrative Relief, Appeals, Judicial Review, https://secure.sos.state.or.us/oard/view.action?ruleNumber=736-020-0120.